The purpose of this article is to indicate the standards and
minimum requirements for exterior site and building design, access,
visibility, off-street parking and traffic circulation, off-street
loading, exterior lighting, exterior storage, fencing, private residential
swimming pools, vibration, noise, air pollution, odor, signal-receiving
antennas, glare and heat, fire and explosions, toxic or noxious materials,
waste materials, exterior construction material, hazardous materials,
and group and large developments within the jurisdiction of this chapter.
A.
Purpose. The purpose of this section is to regulate the design and
materials used for the exterior of buildings and structures within
the Village so as to attain a degree of uniformity in exterior appearance
and quality of materials, and thus maintain and enhance the attractiveness
and values of property in the community.
C.
Review and approval. Through the site plan review process, the Plan Commission shall be responsible and have authority to hear, review, and act upon all proposed exterior architectural plans for all proposed development, except as exempt under § 390-1206. Exemptions to exterior site and building design standards may be considered under the site plan review process.
D.
Site design. In addition to complying with required setbacks, no
building, structures, pavement, or improvement shall be placed or
oriented in a manner that would unnecessarily reduce the appearance
of the subject property in comparison with typical development practices
that are fully consistent with the requirements of this chapter, or
would have a substantial negative impact on the value or enjoyment
of permitted land uses on nearby properties.
E.
Avoidance of exteriors specific to a particular occupant. Trademark
architecture is prohibited. Specifically, no building, other structures,
pavement, or improvement shall have an integral exterior design that
is specific to a particular site occupant, including exterior building
forms, materials, textures, colors, and patterns. Exterior elements
that are specific to a particular site occupant shall be limited to
attached signage, awnings and other appurtenances that are easy to
remove or modify for subsequent site occupants without causing significant
damage and/or restoration expenses.
F.
Exterior design compatibility and avoidance of monotony. No building,
other structures, pavement or improvement shall have an exterior design
that is of such unorthodox or abnormal character in relation to its
surroundings as to be unsightly or offensive to generally accepted
taste. In addition, no building shall be permitted within any residential
or business zoning district to have an exterior appearance that is
too similar to nearby buildings so as to create unacceptable monotony.
Restrictive covenants shall incorporate provisions to prohibit unacceptable
monotony of the design, materials and colors for building exteriors
for any multi-lot or group development.
G.
Requirements for exterior materials. The following requirements shall
apply regarding exterior materials for buildings and structures:
(1)
Building color. Building facade colors shall be nonreflective,
subtle, neutral, or earth tone. The use of high-intensity colors,
metallic colors, fluorescent colors, or black on facades shall be
prohibited. Building trim and architectural accent elements may feature
bright colors or black, but such colors shall be muted, not metallic,
not fluorescent, and not specific to particular uses or tenants. Standard
corporate and trademark colors shall be permitted only on signage,
subject to the limitations in Article 10.
(2)
Building materials. Exterior building materials shall be of
comparable aesthetic quality on all sides. Building materials such
as glass, brick, tinted and decorative concrete block, wood, stucco,
and exterior insulation and finish systems (EIFS) shall be used, as
determined appropriate by the Plan Commission. Decorative architectural
metal with concealed fasteners or decorative tilt-up concrete panels
may be approved if incorporated into the overall design of the building.
(3)
Prohibited materials. No building or structure shall be constructed
or faced with any material or texture that is aesthetically incompatible
with other building exteriors in the area that are fully consistent
with the requirements of this chapter, or that presents an unattractive
appearance to the public or surrounding properties. The following
materials are prohibited on the exterior of all buildings and structures:
(a)
Plain-faced concrete walls or panels.
(b)
Plain-faced cinder block or concrete block.
(c)
Asphaltic siding.
(d)
Plywood, chipboard, or other nondecorative wood or composite
material as determined by the Plan Commission.
(e)
Fiberglass or poly-roofing or siding.
(f)
Structures exceeding 100 square feet that are not erected on a permanent foundation and/or do not comply with the Uniform Building Code, except for those temporary structures listed in § 390-0316.
(g)
Metal siding that does not meet any one or more of the following
exceptions:
[1]
Is determined by the Plan Commission to be a decorative
element of the building or structure that can be readily removed or
replaced with a permitted exterior material.
[2]
Uses a method of exterior wall fastening that is
fully concealed from view by means of an interlocking panel, panel
overlap, or other method approved by the Plan Commission that results
in full concealment.
[3]
Uses visible exterior fasteners that are the same
color as the attached wall for any principal or accessory structure
within the Agricultural Holding (AH), Community Business (CB), LSB
Lakeshore Business, Light Industrial (LI), or General Industrial (GI)
Zoning Districts, in any location on the building or structure that
meets all of the following criteria:
[a]
Is located more than 100 feet from any portion
of a residential zoning district boundary and more than 100 feet from
any portion of a public right-of-way.
[b]
Is located more than 100 feet from any visitor
or customer door.
[c]
Transitions to any other exterior material, texture,
color, or pattern at a building corner, pier, pilaster, eave, parapet,
or other physical change in the wall plane, so as to complement the
overall exterior design of the building or structure as determined
by the Plan Commission.
H.
Waste receptacles. The development shall contain a sufficient number
of waste bins to accommodate all trash and recyclable materials generated
by the land uses in a convenient manner and in accordance with the
building design and performance standards of this section.
I.
Pedestrian and bicycle access. The entire development shall provide
for full and safe pedestrian and bicycle access within the development,
which shall include appropriate connections to the existing and any
planned pedestrian and bicycle facilities in the community and in
surrounding neighborhoods; sidewalk connections to all building entrances
from all public streets; secure bicycle parking and pedestrian furniture
in appropriate quantities and locations; and a central pedestrian
gathering area.
J.
Exceptions and appeal. The conditional use process may be used to
seek exemptions to the requirements of this section. An appeal of
the Plan Commission's determination may be taken to the Zoning Board
of Appeals.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of access to public rights-of-way in accordance with the utilization
of various sites.
B.
Applicability. The requirements of this section shall apply to each
access point onto a public street or right-of-way in all new developments.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all proposed access drives on the subject property.
D.
Number of access points.
(1)
Each lot shall have not more than two access points on any street
frontage adjacent to any lot. Said access shall require approval by
the Public Works Director.
(2)
No lot shall be permitted more than one access point on any
one street if its frontage on said street is less than 100 linear
feet (as measured along the right-of-way line).
(3)
On arterial streets, and in areas experiencing, or expected
to experience, congestion and/or safety problems, access to a lot
may be required to be located via an access point on an adjacent property
or another street frontage.
(4)
For residential uses, two access points serving the same street
frontage may be approved as a conditional use.
E.
Residential uses. Residential uses shall not have access points onto
a nonresidential collector or arterial street unless such street has
the only available frontage.
F.
Nonresidential uses. Nonresidential uses shall not have access points
onto a residential street unless such street has the only available
frontage.
G.
Access near street intersections.
(1)
At its intersection with the street right-of-way line on an
arterial or nonresidential collector street, no access point shall
be located closer than 100 feet to the intersection of any two street
rights-of-way unless such street is the only available frontage on
the subject property. In all cases, access points shall be located
as far from an intersection as the lot size permits.
(2)
Nonconforming driveways may be replaced in their current location,
except as part of site plan review and approval.
(3)
Temporary access may be granted by the Village Plan Commission
after review and recommendation by the highway agencies having jurisdiction.
Such access permit shall be temporary, revocable, and subject to any
conditions required and shall be issued for a period not to exceed
12 months.
H.
Distance between access drives. The minimum distance between access
drives serving the same property shall be 25 feet (edge to edge),
as measured at the property line. A distance in excess of 25 feet
may be required if existing or projected traffic warrant a greater
distance.
I.
Angle of intersection with public right-of-way. All access drives
shall intersect with any public right-of-way at an angle of not less
than 75° and shall intersect at an angle of 90° wherever possible.
J.
Distance from property line. The distance from an access drive to
the property line of an adjacent property shall not be less than five
feet, as measured along the right-of-way line.
K.
Width of driveways. All access drives shall have a minimum width
of 10 feet for single- and two-family dwellings and 18 feet for all
other land uses. All curb openings for access drives shall have a
maximum width of 24 feet for all residential uses, and 30 feet for
all nonresidential uses, as measured at the right-of-way line. Access
drives may be flared between the right-of-way line and the roadway
up to a maximum of five additional feet. This requirement may be exceeded
with explicit Plan Commission approval for uses other than single
family.
L.
Traffic control. The traffic generated by any use shall be channelized
and controlled in a manner that prevents congestion on public streets
and other safety hazards. Traffic into and out of all off-street parking,
loading, and traffic circulation areas serving six or more parking
spaces shall be forward moving, with no backing into streets or pedestrianways.
Traffic control devices shall be required as determined by the Public
Works Director.
M.
Depiction on required site plan. Any and all proposed access drives
on the subject property shall be depicted as to their location and
configuration on the site plan required for the development of the
subject property.
N.
Paving of access. All access approach areas located within a street
right-of-way shall be paved to the satisfaction of the Zoning Administrator
with a hard, all-weather surface, and shall be maintained so as to
prevent the transport of gravel, dirt, or other eroded material from
the subject property into the right-of-way. This requirement must
be fulfilled before building occupancy unless granted a time-specific
extension in writing by the Zoning Administrator.
O.
Vehicular entrances and exits to drive-in theaters, banks, and restaurants;
motels; funeral homes; vehicular sales, service, washing and repair
stations; or garages shall be not less than 200 feet from any pedestrian
entrance or exit to a school, college, university, church, hospital,
park, playground, library, public emergency shelter, or other place
of public assembly.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public and private rights-of-way so as to promote the safety and
general welfare of the public by establishing minimum requirements
for the provision of vehicular visibility.
B.
Applicability. The requirements of this section shall apply to all
new development.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all developments for conformance with this section.
D.
Required. To provide a clear view of intersecting streets to motorists,
there shall be a triangular area of clear vision formed by the two
intersecting streets and a chord connecting the center lines of said
streets. Generally, the following standards listed in Figure 390-0804
shall apply. Within the triangular area, no signs, parking spaces,
structures, earthwork, vegetation, fencing, or other obstructions
above 30 inches in height or exceeding opacity of 0.2 (see Article
9) shall be permitted above the center line elevations of said two
streets.
E.
Depiction on required site plan. Any and all visibility triangles
located on the subject property shall be depicted as to their location
and configuration on the site plan required for the development of
the subject property.
|
Figure 390-0804: Vision Clearance Triangle Standards
| |
|---|---|
|
Right-of-Way Width
|
Distance from Right-of-Way Intersection
|
|
Less than or equal to 66 feet
|
10 feet
|
|
Greater than or equal to 67 feet
|
20 feet
|
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of off-street parking and circulation in accordance with the utilization
of various sites.
B.
Applicability. The requirements of this section shall apply to all
new development.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development for conformance with this section.
D.
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. Each and every on-site parking space designed to serve as required parking shall not be located farther than 400 feet, except as permitted by a conditional use permit, of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection H, below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
E.
Minimum required off-street parking spaces.
(1)
Off-street parking requirements for each land use (see Article
2) are generally tied to the use's capacity and gross floor area or
the number of employees at the subject property during the largest
work shift. The term "capacity" means the maximum number of persons
that may be accommodated by the use as determined by its design or
by state building code regulations, whichever number is greater. The
term "employee(s) on the largest work shift" means the maximum number
of employees working at the facility during a single given day, regardless
of the time period during which this occurs, and regardless of whether
any such person is a full-time employee. The largest work shift may
occur on any particular day of the week or during a lunch or dinner
period in the case of a restaurant. In all cases, one reserved parking
space shall be provided for each vehicle used by the operation during
business hours.
(2)
Where said parking needs of any land use exceed the minimum
requirements of this chapter, additional parking spaces sufficient
to meet the average maximum weekly peak-hour parking space demand
shall be provided by said land use.
(3)
When the calculation for the number of off-street parking spaces
required by this chapter results in a fraction (e.g., 3.25 spaces),
the applicant shall round up to the highest whole number.
F.
Off-street parking and traffic circulation standards.
(1)
Circulation. The site shall be designed to provide for the safe
and efficient movement of all traffic entering, exiting, and circulating
on the site. Circulation patterns shall conform to the general rules
of the road. All traffic control measures shall meet the requirements
of the Manual on Uniform Traffic Control Devices.
(2)
Surfacing and marking. All off-street parking and traffic circulation
areas (including all residential driveways except those in the AH
District) shall be paved with a hard, all-weather or other surface
to the satisfaction of the Director of Public Works. Said surfaces
intended for two or more parking stalls shall be marked in a manner
which clearly indicates required parking spaces.
G.
Curbing. All off-street parking areas designed to have head-in parking
within 6.5 feet of any lot line shall provide a tire bumper or curb
of adequate height and properly located to ensure that no part of
any vehicle will project beyond the required setbacks of this chapter.
H.
Access.
(1)
Each off-street parking space shall open directly upon an aisle
or driveway that is wide enough and designed to provide a safe and
efficient means of vehicular access to the parking space without directly
backing or maneuvering a vehicle into a public right-of-way exceeding
82.5 feet in width.
(2)
All off-street parking and traffic circulation facilities shall
be designed with an appropriate means of vehicular access to a street
or alley in a manner that least interferes with traffic movements.
(3)
No driveway across public property, or requiring a curb cut,
shall exceed 40 feet for commercial or industrial uses or 25 feet
for residential uses.
(4)
Off-street parking spaces for residential uses may be stacked
or in front of one another for the same dwelling unit.
(5)
Parking spaces located behind an enclosed garage and located
directly off a through aisle shall be a minimum of 30 feet deep.
I.
Snow storage. Required off-street parking and traffic circulation
areas shall not be used for snow storage.
J.
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 390-0807.
K.
Signage. All signage located within, or related to, required off-street
parking or traffic circulation shall comply with the requirements
of Article 10.
L.
Landscaping. Parking lot landscaping shall comply with the requirements
of the paved area landscaping requirements in Article 9.
M.
Parking space design standards. Other than handicapped parking, each
off-street parking space shall comply with the minimum requirements
of Figure 390-0805A. The minimum required length of parking spaces
shall be 16 feet. All parking spaces shall have a minimum vertical
clearance of at least seven feet.
N.
Handicapped parking spaces. Handicapped parking shall be provided
at a size, number, location, and with signage as specified by state
and federal regulations.
O.
Parking lot design standards. Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in Figure 390-0805A. Additional design standards apply to group developments and large developments (see § 390-0821).
P.
Partial development of required parking spaces. At the time of site
plan review, any developer may seek permission to not install a portion
of its required parking unless and until it is determined jointly
by the Village and developer that such parking is needed; however,
the site plan shall depict the minimum number of required parking
spaces.
Q.
Limit on the maximum number of required parking spaces. No site plan
may be approved for a multifamily or nonresidential use that proposes
more than 120% of the development's minimum number of required parking
spaces, except as granted through a conditional use permit. As part
of the application for a conditional use permit, the applicant shall
provide a report demonstrating why additional parking will be needed.
The report shall be prepared by a traffic modeling expert recognized
by WisDOT.
R.
Joint and off-site parking facilities.
(1)
Parking facilities that have been approved by the Director of
Public Works to provide required parking for two or more uses shall
provide a total number of parking spaces that shall not be less than
the sum total of the separate parking needs for each use during any
peak-hour parking period when said joint parking facility is utilized
at the same time by said uses. However, this aggregate requirement
may be reduced or expanded by the Plan Commission by explicit motion
associated with this site plan review process.
(2)
Each parking space designed to serve as joint parking shall
not be located farther than 400 feet from the access to all of the
various uses it is designated to serve, except as allowed by a conditional
use permit.
(3)
The applicant(s) for approval of a joint parking facility shall
demonstrate to the satisfaction of the Director of Public Works that
there will be no substantial conflict in the demand for parking during
the principal operating hours of the two or more uses which the joint
parking facility is proposed to serve.
(4)
A legally binding instrument, approved by the Village Attorney, shall be executed by any and all parties to be served by a joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Village Clerk. A fee shall be required to file this instrument (see § 390-1106).
S.
Parking within the Village Center. Within the Village Center (VC)
District, the parking requirements of this chapter are hereby waived.
(1)
Private, off-street parking may be allowed within the VC District only with a conditional use permit. Such parking shall be located on the same lot as the principal use(s) it serves, except per Subsection S(3) below.
(2)
When making a determination on whether or not to allow private
off-street parking in the VC District, the Plan Commission and Village
Board shall consider the following:
(a)
Whether or not the proposed off-street parking is essential
to the function of the proposed use;
(b)
Whether the parking can be provided on site and in accordance
with the design and layout provisions of this section;
(c)
Whether the off-street parking area will be disruptive to the
desired character of the Village Center District, as articulated in
this chapter and through the Village's Comprehensive Plan.
(3)
The owner of a principal use in the VC District may volunteer,
or the Village Board may require, that off-street parking be provided
on a separate lot controlled by the same owner, or within a municipally
owned parking lot.
(4)
If such accessory parking is provided within a municipally owned
parking facility, the owner of the principal use shall make payment
to the municipality in lieu of on-site parking in the amount of $4,000
per required parking space. The municipality shall be required to
provide such parking spaces within 400 feet of the principal use within
three years following receipt of payment or shall return the payment
to the owner of the principal use, unless both parties agree to extend
the deadline for provision of the required parking spaces.
T.
Locational prohibitions for off-street parking areas.
(1)
Off-street parking shall not be located between the principal
structure on a residential lot and a street right-of-way, except within
residential driveways and parking lots designated on the approved
site plan.
(2)
No private parking shall occur on street terraces, driveways,
or any other areas located within a public right-of-way not explicitly
designated by the Director of Public Works.
U.
Minimum permitted throat length. Figure 390-0805B shall be used to
determine the minimum permitted throat length of access drives serving
parking lots as measured from the right-of-way line along the center
line of the access drive. This regulation may be modified by the Plan
Commission by explicit motion associated with this site review process.
V.
Potential reduction in parking. The Plan Commission and Village Board
may allow a decrease in the required number of off-street parking
spaces by up to 25% of the normal requirements based upon one or more
of the following criteria:
(1)
Technical documentation furnished by the applicant that indicates,
to the satisfaction of the Plan Commission and Village Board, that
actual off-street parking demand for that particular use is less than
the required standard set forth in this chapter.
(2)
Bicycle parking spaces will be provided through racks, lockers,
or equivalent structures located convenient to the proposed use.
(3)
Shared parking, on-site. This strategy works well in projects
with a mix of uses that have different peak times. The strategy also
may be employed with multi-phase projects where the parking requirements
are recalculated with each phase to realize efficiencies as more uses
are added.
(4)
Shared parking, off-site. A shared parking agreement between
two or more different project/property owners can be an effective
method of reaching larger economies of scale to reduce the overall
parking requirements of the individual projects. The agreement shall
be prepared in a form acceptable to the Village Attorney and recorded
prior to the issuance of a building permit for any of the properties
involved. The agreement shall be in effect for the life of the project
or other time frame as agreed to by the Village and the Village shall
be included as an interested party to the agreement such that the
agreement cannot be amended or terminated without Village approval.
(5)
Deed restrictions. Deed restrictions that limit the number of
cars occupants may have at a project may be an effective strategy,
particularly for residential units. The form of the deed restriction
shall be subject to approval by the Village and the Village shall
be included as an interested party to the restriction such that the
restriction cannot be removed without Village approval.
W.
Installation and maintenance. All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by §§ 390-0310F, S and T, 390-0311C and 390-0315O.
X.
Use of off-street parking areas. The use of all required off-street
parking areas shall be limited to the parking of licensed operable
vehicles not for lease, rent, or sale. Within residential districts,
required parking spaces shall only be used by operable cars and trucks.
|
Figure 390-0805A: Parking Layout Dimensions
| ||||||
|---|---|---|---|---|---|---|
|
Parking Angle in Degrees
| ||||||
|
Minimum Permitted Dimensions
|
0°
(feet)
|
45°
(feet)
|
60°
(feet)
|
75°
(feet)
|
90°
(feet)
| |
|
Stall width at parking angle (SW)
|
9.0
|
9.0
|
9.0
|
9.0
|
9.0
| |
|
Stall width parallel to aisle (WP)
|
17
|
12.7
|
10.4
|
9.3
|
9.0
| |
|
Stall depth to wall (D)
|
9.01
|
17.51
|
19.01
|
19.51
|
18.51
| |
|
Stall depth to interlock (DI)
|
N/A
|
15.3
|
17.5
|
18.8
|
N/A
| |
|
Stall length (SL)
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
| |
|
Aisle width (AW)
|
12.02
|
12.02
|
16.02
|
17.202
|
24.0
| |
|
Throat length (right-of-way to parking angle) (T)
|
Refer to requirements in Figure 390-0805B
| |||||
|
Parking module width (PMW)
| ||||||
|
Wall to wall (single-loaded) (W1)
|
21.0
|
29.5
|
35.0
|
42.5
|
44.5
| |
|
Wall to wall (double-loaded) (W2)
|
30.0
|
47.0
|
54.0
|
62.0
|
63.0
| |
|
Wall to interlock (double-loaded) (W3)
|
N/A
|
44.8
|
52.5
|
61.3
|
N/A
| |
|
Interlock to interlock (double-loaded) (W4)
|
N/A
|
42.6
|
51.0
|
60.6
|
N/A
| |
|
NOTES:
| |
|---|---|
|
1
|
Parking spaces located behind an enclosed garage and directly
off a through aisle shall be at least 30 feet deep.
|
|
2
|
This dimension represents (AW) for one-way traffic.
|
 |
|
Figure 390-0805B: Minimum Permitted Throat Length
| ||||
|---|---|---|---|---|
|
Type of Access Street
| ||||
|
Land Use
|
Type
|
Scale of Development
|
Collector
(feet)
|
Arterial
(feet)
|
|
Residential
|
Any residential
|
0 to 100 dwelling units
|
25
|
N/A
|
|
101 to 200 dwelling units
|
50
|
75
| ||
|
201+ dwelling units
|
75
|
125
| ||
|
Business
|
Office
|
0 to 50,000 gross square feet
|
25
|
50
|
|
50,001 to 100,000 gross square feet
|
25
|
75
| ||
|
100,001 to 200,000 gross square feet
|
50
|
100
| ||
|
200,001+ gross square feet
|
100
|
150
| ||
|
Drive-through sales and service
|
0 to 2,000 gross square feet
|
25
|
75
| |
|
2,001+ gross square feet
|
50
|
100
| ||
|
Commercial indoor lodging
|
0 to 150 rooms
|
25
|
75
| |
|
151+ rooms
|
25
|
100
| ||
|
Other business uses
|
0 to 25,000 gross square feet
|
25
|
50
| |
|
25,001 to 100,000 gross square feet
|
25
|
75
| ||
|
100,001 to 500,000 gross square feet
|
50
|
100
| ||
|
500,001+ gross square feet
|
100
|
200
| ||
|
Industrial
|
All industrial uses
|
0 to 100,000 gross square feet
|
25
|
50
|
|
100,001 to 500,000 gross square feet
|
50
|
100
| ||
|
500,001+ gross square feet
|
50
|
200
| ||
|
Other uses
|
6+ spaces
|
25
|
50
| |
A.
Purpose. The purpose of this section is to prevent congestion of
public rights-of-way and private lots so as to promote the safety
and general welfare of the public by establishing minimum requirements
for the provision of loading facilities on various sites.
B.
Applicability. Any use that has a gross floor area of 6,000 square
feet or more, and that requires deliveries or makes shipments from
large trucks, shall provide off-street loading facilities in accordance
with the regulations of this section.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development for conformance with this section.
D.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front or street side yard setback area. Access to the loading berth shall be located in conformance with Subsection E(1). All loading areas shall be located on the private lot and shall not be located within or interfere with any public right-of-way.
E.
Size of loading area. The first required loading berth shall be designed
in accordance with Figure 390-0806. All remaining required loading
berths shall be a minimum of 50 feet in length and 10 feet in width.
All required loading berths shall have a minimum vertical clearance
of 14 feet. The following standards shall be the minimum used to design
loading areas:
(1)
Access to loading area. Each loading berth shall be located
so as to facilitate access to a public street or alley, and shall
not interfere with other vehicular or pedestrian traffic and shall
not interfere with the function of parking areas. In no instance shall
loading areas rely on backing movements into public rights-of-way.
(2)
Surface and marking. All required loading areas shall be paved
and maintained in a dust-free condition at all times. Said surface
shall be marked in a manner that clearly indicates required loading
areas.
(3)
Use of required loading areas. The use of all required loading
areas shall be limited to the loading and unloading of vehicles. Said
area shall not be used to provide minimum required parking spaces.
(5)
Signage. All signage located within, or related to, loading
areas shall comply with the requirements of Article 10.
F.
Depiction on required site plan. Any and all required loading areas
and trailer and container storage areas proposed to be located on
the subject property shall be depicted as to their location and configuration
on the site plan required for the development of the subject property.
G.
Calculation of required loading spaces.
(1)
Indoor institutional land uses. One loading berth shall be required
for each building having a gross floor area of 6,000 square feet to
29,999 square feet. For such uses located in buildings having a gross
floor area of 30,000 square feet or greater, two loading berths shall
be required.
(2)
Business (except offices), storage, transportation, and industrial
land uses. One loading berth shall be required for each building having
a gross floor area of 6,000 square feet to 29,999 square feet. For
such uses located in buildings having a gross floor area of 30,000
square feet or greater, an additional loading berth shall be required
for any portion of each 50,000 square feet of gross floor area in
addition to the original 29,999 square feet.
(3)
Office land uses. One loading berth shall be required for each
building having a gross floor area of 6,000 square feet to 99,999
square feet. For such uses located in buildings having a gross floor
area of 100,000 square feet or greater, an additional loading berth
shall be required for any portion of each 100,000 square feet of gross
floor area in addition to the original 99,999 square feet.
|
Figure 390-0806: Loading Standards
| ||||||
|---|---|---|---|---|---|---|
|
Design Vehicle
|
Length
(feet)
|
Dock Angle (a)
|
Clearance (D)
(feet)
|
Berth Width (W)
(feet)
|
Apron Space(A)
(feet)
|
Total Offset (T)
(feet)
|
|
WB-40
|
50
|
90°
|
50
|
10
|
63
|
113
|
|
12
|
56
|
106
| ||||
|
14
|
52
|
102
| ||||
|
60°
|
44
|
10
|
46
|
90
| ||
|
12
|
40
|
84
| ||||
|
14
|
35
|
79
| ||||
|
45°
|
36
|
10
|
37
|
73
| ||
|
12
|
32
|
68
| ||||
|
14
|
29
|
65
| ||||
|
WB-50
|
55
|
90°
|
55
|
10
|
77
|
132
|
|
12
|
72
|
127
| ||||
|
14
|
67
|
122
| ||||
|
60°
|
48
|
10
|
55
|
103
| ||
|
12
|
51
|
99
| ||||
|
14
|
46
|
94
| ||||
|
45°
|
39
|
10
|
45
|
84
| ||
|
12
|
40
|
79
| ||||
|
14
|
37
|
76
| ||||
 | ||||||
A.
Purpose. The purpose of this section is to regulate the spillover
of light and glare on operators of motor vehicles, pedestrians, and
land uses in the vicinity of a light source in order to promote traffic
safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this section apply to all private
exterior lighting within the jurisdiction of this chapter, except
for lighting within public rights-of-way and/or lighting located on
public property.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development for conformance with this section.
D.
Depiction on required site plan. Any and all exterior lighting shall
be depicted as to its location, orientation, and configuration on
the site plan required for the development of the subject property.
E.
Exterior lighting requirements.
(1)
In no instance shall an exterior lighting fixture be oriented
so that the lighting element (or a clear shield) is visible from a
property located within a residential zoning district. The use of
shielded luminaires and careful fixture placement is encouraged so
as to facilitate compliance with this requirement.
(2)
Flashing, flickering, and/or other lighting that may distract
motorists is prohibited.
F.
Intensity of illumination.
(1)
In no instance shall the amount of illumination attributable
to exterior lighting, as measured at the property line, exceed 0.50
footcandle above ambient lighting conditions on a cloudless night.
(2)
The maximum average on-site lighting in nonresidential zoning
districts shall be 2.4 footcandles.
(3)
The maximum average on-site lighting in residential zoning districts
shall be 0.90 footcandle.
(4)
The following exceptions shall be permitted:
(a)
The maximum average allowable on-site lighting of outdoor recreation
facilities and assembly areas is 3.60 footcandles.
(b)
The maximum average on-site lighting of auto display lots and
gas station pump islands is 25.0 footcandles; all under-the-canopy
fixtures shall be fully recessed.
(c)
Reflected glare onto nearby buildings, streets or pedestrian
areas is prohibited. To minimize any indirect overflow of light on
adjacent properties, the height of any proposed parking lot light
standard should be as short as possible and should stair step down
to a lower height when close to residential uses.
(5)
Fixtures and luminaires.
(a)
Outdoor lighting shall be full-cutoff fixtures and downward
facing and no direct light shall bleed onto adjacent properties. Exempt
from this requirement are any fixtures using an incandescent bulb
of 100 watts or less, or its equivalent.
(b)
Light fixtures shall not be located within required buffer yards
(see Article 9).
(c)
Total-cutoff luminaires with angles of less than 90° shall
be required for pole and building security lighting to ensure no fugitive
uplighting occurs.
(d)
The color and design of fixtures shall be compatible with the
building and public lighting in the area, and shall be uniform throughout
the entire development site.
(e)
The maximum fixture height in the ER, SF-1, SF-2, SF-3, SF-6,
SF-CPP, TF, MF-12, MF-18 and SB Districts shall be 15 feet. The maximum
fixture height in the AH, VC, LSB, CB, LI, GI, P&I, and P&R
Districts shall be 16 feet.
(f)
In the ER, SF-1, SF-2, SF-3, SF-6, SF-CPP, TF, and SB Districts,
lighting fixtures shall not be located closer than three feet to any
lot line.
(g)
All areas designated on required site plans for vehicular parking,
loading, or circulation and used for any such purpose after sunset
shall provide artificial illumination in such areas at a minimum intensity
of 0.2 footcandle.
B.
Applicability. The requirements of this section apply to all development.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 390-1206).
D.
Requirements for exterior storage in business districts. In all business
zoning districts, all materials and equipment shall be stored within
a completely enclosed building except for the following, which shall
not be located within any front or street side yard and shall be stored
a minimum of five feet from any and all property lines:
E.
Inoperative motor vehicles and junk. Refer to Chapter 342, Vehicles, Abandoned and Junked, in the Village's Municipal Code.
F.
Exterior trash storage. All exterior trash storage shall be located
within an enclosure that completely screens the view of said trash.
The exterior of said enclosure shall be constructed of some or all
of the materials used on the main building. A solid wood fence shall
be used to gain access to the storage area.
G.
Outdoor storage of firewood. No person shall store firewood in the
front yard on residentially zoned property, except that firewood may
be temporarily stored in the front yard for a period of 30 days from
the date of its delivery. Firewood should be neatly stacked and may
be stacked not closer than two feet to any lot line and not higher
than six feet from grade, except adjacent to a fence where firewood
can be stacked against the fence as high as the fence. "Fence," as
used in this subsection, shall not include hedges and other vegetation.
(1)
All brush, debris, and refuse from processing of firewood shall be
promptly and properly disposed of.
(2)
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles or that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this chapter.
(3)
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
A.
Purpose. The purpose of this section is to regulate the materials,
location, height, and maintenance of fencing, landscaping walls, and
decorative posts in order to prevent the creation of nuisances and
to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all fencing,
landscaping walls, and decorative posts equal to or exceeding 30 inches
in height for all land uses and activities.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 390-1206).
D.
Height standards.
(1)
On corner lots in all zoning districts, no fence, wall, hedge,
planting, or structure shall be erected, placed, planted, or allowed
to grow in such a manner as to obstruct vision between a height of
2 1/2 feet and 10 feet above grade in the area bounded by the
street and a line joining the points along such street to lines 10
feet from the point of intersection.
(2)
A fence, wall, tree, hedge, or shrubbery may be erected, placed,
maintained, or grown along a lot line on or adjacent to a residentially
zoned property.
(a)
Permitted types of fences in residential districts include split rail fences; open picket fences; or decorative fences not more than three feet in height located on the interior of the lot surrounding patios, gardens, or other similar features. Any other type of fence shall require a conditional use permit per § 390-1207.
(b)
The height of such fences or walls along interior side and rear
lot lines shall not exceed six feet above the ground level, except
that along zoning district boundaries there shall be a ten-foot limit
on the height of fencing along such boundary. The height of fences
or walls along street side and front lot lines shall not exceed three
feet above ground level. If solid fences or walls are deemed appropriate
along public rights-of-way, consideration should be given to providing
a landscaped planting strip at least two feet in width adjacent to
the property line.
(3)
Fences, walls, trees, hedges, or shrubbery erected, placed,
maintained, or grown along a lot line on any business or industrially
zoned property adjacent to residentially zoned property shall be to
a height of eight feet. No barbed wire or electrical fences may be
erected or maintained.
E.
Setback standards.
(1)
Fences on or adjacent to a residential property shall have minimum
three-foot side and rear yard setbacks unless the adjacent owner consents
in writing to the entrance upon such owner's land for the purpose
of maintaining such fence or such fence is maintenance free, in which
case the minimum setback shall be six inches. There shall be a minimum
two-foot setback from an alley. Fences shall have minimum five-foot
front and street side yard setbacks. A lot survey may be required
if property lines cannot be determined.
(2)
Living fences or hedges shall be planted so they may be trimmed
without entry on abutting lands. Species shall determine distance
but in no case shall any shrub or plant be planted less than three
feet from the center to the lot line.
F.
Wood fences. Wood fences on the perimeter of a lot shall be installed
with the finish side of the fence slats facing toward the neighboring
property.
G.
Dog runs or pet enclosures. Dog runs or pet enclosures constructed
of fencing material of any type shall adhere to the following requirements:
(1)
Dog runs and pet enclosures may be located only in the rear
yard of lots not abutting a lake, shall be set back a minimum of 15
feet from the interior side lot lines and the rear lot line, and shall
be set back a minimum of 10 feet from the principal structure, unless
attached to the rear of such principal structure.
(2)
Dog runs and pet enclosures may be located only in the interior
side yards of lots abutting a lake and shall be set back a minimum
of 15 feet from interior side lot lines.
(3)
The maximum height of dog runs and pet enclosures shall be six
feet.
H.
Fence maintenance. All fences, including their painted surfaces,
shall be maintained and kept safe and in a state of good repair, including
painted surfaces.
I.
Temporary fences. Fences erected for the protection of plantings
or to warn of construction hazards or for similar purposes shall be
clearly visible or marked with colored streamers or other such warning
devices at four-foot intervals. Such fences shall comply with the
setback requirements set forth in this section. The issuance of a
permit shall not be necessary for temporary fences as described in
this subsection. Snow fences shall be removed by April 1 of each year.
J.
Fencing for dumpsters. Apartments containing three or more dwelling
units shall provide a six-foot high fence with four sides, accessible
by a gate, surrounding all dumpsters.
K.
Orientation. Any and all fences, landscape walls, or decorative posts
shall be erected so as to locate visible supports and other structural
components toward the subject property.
L.
Maintenance. Any and all fences, landscape walls, or decorative posts
shall be maintained in a structurally sound and attractive manner.
A.
Purpose. The purpose of this section is to regulate swimming pools
in order to prevent the creation of nuisances and to promote the health,
safety, and general welfare of the public.
B.
Applicability. This section applies to all swimming pools, defined
as an outdoor structure containing a body of water in a receptacle
or other container having a depth for water at any point greater than
36 inches located below the surface of ground elevation or deck, used
or intended to be used solely by the owner, operator, or lessee thereof
and family and guests invited to use it; and including all structural
facilities, appliances, appurtenances, equipment, and other items
used and intended to be used for the operation and maintenance of
a private residential swimming pool.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 390-1206).
D.
Permit required. A building permit must be secured prior to the commencement
of construction or erection of a private residential swimming pool,
or of any alterations, additions, remodeling, or other improvements.
Plans, specifications, and pertinent explanatory data shall be submitted
to the Building Inspector at the time of application.
E.
Exempt pools. Nonfiltered storable swimming or wading pools that
are so constructed such that they may be readily disassembled for
storage and reassembled to their original integrity are exempt from
the provisions of this section. Decorative pools that are less than
36 inches in depth are exempt from the provisions of this section.
Spas and hot tubs with lockable tops are also exempt.
F.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a building permit for construction as provided for in Subsection D above unless the following requirements are met:
(1)
All materials and methods of construction in the construction,
alteration, addition, remodeling, or other improvements and pool installation
shall be in accord with all state regulations and with any and all
ordinances of the Village now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable
ordinances of the Village and all state plumbing codes. Every private
residential swimming pool shall be provided with a suitable draining
method, and in no case shall waters from any pool be drained into
the sanitary sewer system, onto lands of other property owners adjacent
to that on which the pool is located, or in the general vicinity.
Provisions may be made for draining the contents of any swimming pool
into a storm sewer, but such installation shall be subject to prior
approval by the Director of Public Works.
(3)
All electrical installations, including lighting and heating,
that are used in conjunction with a private swimming pool shall be
in conformance with the state laws and Village ordinances regulating
electrical installations. Private residential swimming pools shall
not be constructed directly over or under electric transmission lines.
All electrical connections to a swimming pool shall be properly grounded
so that no electrical current can be discharged into any part of the
swimming pool or the surrounding fence.
G.
All exterior light fixtures installed around a private residential swimming pool shall comply with § 390-0807.
H.
Setbacks and other requirements. Private residential swimming pools
shall be erected or constructed in rear or side yards only, and only
on a lot occupied by a principal building. No swimming pool shall
be erected or constructed on an otherwise vacant lot. A lot shall
not be considered vacant if the owner owns the contiguous lot and
said lot is occupied by a principal building. All swimming pools shall
be at least six feet from any lot line or building unless designed
and approved as an addition to a building.
[Amended 9-7-2021 by Ord. No. 2021-09]
I.
Enclosure. Pools within the scope of this section that are not enclosed
with a permanent building shall be completely enclosed by a fence
of sufficient strength to prevent access to the pool. Such fence or
wall shall not be less than four feet nor more than six feet in height
and not less than four feet from the pool edge, and constructed not
to have voids, holes, or openings larger than four inches in one dimension.
Gates or doors shall be equipped with self-closing and self-latching
devices located at the top of the gate or door on the pool side of
the enclosure, except the door of any residence that forms a part
of the enclosure. Gates or doors shall be kept securely closed and
locked at all times when the owner or occupant is not present at the
pool. This section shall not apply to existing fences on the date
of adoption of this chapter at least 40 inches in height that otherwise
comply with this section.
J.
Screening. All aboveground pools shall be screened by vegetation,
such as arborvitae, spruce, burning bush, or other species approved
by the Zoning Administrator. Plants shall be installed at a minimum
height of four feet.
K.
Compliance. All private residential swimming pools existing at the time of adoption of this chapter not satisfactorily fenced shall comply with the enclosure requirements of Subsection I when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
L.
Filter system required. All private residential swimming pools within
the meaning of this section must have some filtration system to ensure
proper circulation of the water therein and maintenance of the proper
bacterial quality thereof.
M.
Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
[Amended 4-17-2023 by Ord. No. 2023-02]
A.
Purpose. The purpose of this section is to regulate the placement
and maintenance of communication towers in order to prevent the creation
of nuisances and promote the health, safety and general welfare of
the public.
B.
Applicability. The requirements of this section apply to all communication towers as described in § 390-0311E of this chapter.
C.
ANTENNA
CO-LOCATION
CLASS 1 CO-LOCATION
CLASS 2 CO-LOCATION
EQUIPMENT COMPOUND
EXISTING STRUCTURE
MOBILE SERVICE FACILITY
MOBILE SERVICE PROVIDER
MOBILE SERVICE SUPPORT STRUCTURE
SEARCH RING
SUBSTANTIAL MODIFICATION
(1)
(2)
(3)
(4)
SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services.
A Class 1 or Class 2 co-location, or both.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility but
does need to engage in substantial modification.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility or
engage in substantial modification.
An area surrounding or adjacent to the base of an existing
support structure within which are located mobile service facilities.
A support structure that exists at the time a request for
permission to place mobile service facilities on a support structure
is filed with the Village.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment, that is necessary to provide mobile service
to a discrete geographic area but does not include the underlying
support structure.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile
service facility.
A shape drawn on a map to indicate the general area in which
a mobile service support structure should be located to meet radio
frequency engineering requirements, taking into account other factors,
including topography and the demographics of the service area.
The modification of a mobile service support structure, including
the mounting of an antenna on such a structure, that does any of the
following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
co-location.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support
a mobile service facility, including a mobile service support structure,
utility pole, water tower, building or other structure.
E.
Class 2 co-location.
(1)
Application. If an applicant submits to the Village Clerk an
application for a permit to engage in a Class 2 co-location, the application
shall contain the following: the name and business address of, and
the contact individual for, the applicant; the location of the affected
support structure; and the location of the proposed mobile service
facility. A fee as set by resolution of the Village Board but not
to exceed $500 or other monetary amount as set by § 66.0404(4)(d),
Wis. Stats. shall also be submitted with the application. After such
information is obtained, the application shall be considered complete.
If any of the required information is not in the application, the
Zoning Administrator shall notify the applicant, in writing, within
five days of receiving the application, that the application is not
complete. The written notification shall specify in detail the required
information that was incomplete. An applicant may resubmit an application
as often as necessary until it is complete.
(2)
Determination. Within 45 days of its receipt of a complete application,
the Zoning Administrator shall complete all of the following or the
applicant may consider the application approved, except that the applicant
and the Zoning Administrator may agree, in writing, to an extension
of the forty-five-day period:
(a)
Make a final decision whether to approve or disapprove the application.
(b)
Notify the applicant, in writing, of its final decision.
(c)
If the application is approved, issue the applicant the relevant
permit.
(d)
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(3)
A party who is aggrieved by the final decision of the Zoning
Administrator may bring an action in the Circuit Court of Walworth
County.
F.
Class 1 co-location and new construction.
(2)
application. An applicant shall submit to the Village Clerk
a conditional use permit application along with the following information:
(a)
The name and business address of, and the contact individual
for, the applicant.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
A plan for Walworth County-wide coverage of the provider's antenna
locations for existing and proposed towers, containing all of the
following information: tower height and design, including a cross
section and elevation; location of tower and support structure(s),
equipment buildings, security structures, vegetation, lot lines, access
road(s) and other significant features; and height above grade for
all potential mounting positions and collocated antennas and minimum
separation distances between antennas;
(e)
A site plan containing all of the following information: tower
capacity, including the number and type of antennas it can accommodate;
steps the applicant will take to avoid interference with established
public safety telecommunications; proof the proposed tower/antenna
complies with the regulations set forth by the Federal Aviation Administration
(FAA) and Federal Communications Commission (FCC); proof provided
by a qualified and licensed professional engineer that the tower/antenna
meets all applicable structural and electrical standards and requirements;
and engineer's stamp and registration number.
(f)
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
(g)
If the application is to construct a mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling and related equipment to be placed on or around
the new mobile service support structure.
(h)
If the application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose co-location, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that co-location
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity, is technically infeasible,
or is economically burdensome to the mobile service provider.
(i)
An application fee as set by resolution of the Village Board
but not to exceed $3,000, or other monetary amount as set by § 66.0404(4)(d),
Wis. Stats.
(3)
Application complete. The Zoning Administrator shall provide
written notice to the applicant as to the completeness of the application
within ten (10) days of receipt of said application by the Village.
If the application is deemed incomplete by the Zoning Administrator,
said notice shall specifically describe additional application materials
required by the Village.
(4)
Application review.
(a)
Upon receipt of the conditional use permit application from
the applicant, the Clerk shall provide notification, by postal mail,
to the parties of interest and all landowners and the clerk of any
local government unit within 1,000 feet of the lot identified for
the conditional use in the application, and shall publish a Class
2 Legal Notice, in accordance with § 985, Wis. Stats, listing
the time and place of a public hearing at which the conditional use
permit application will be reviewed by the Plan Commission and the
proposed conditional use and its location, with said postal mail notification
post marked 14 days prior to said hearing.
(b)
The Plan Commission shall review a conditional use permit application for compliance with this section at a public hearing within 90 days of receipt of a complete application, in accordance with Subsection F(3) above, to ensure said application is in accordance with the following requirements:
[1]
Siting and construction of towers and antennas,
and necessary associated buildings, structures, and equipment (hereafter,
collectively "appurtenances") shall balance the federal interest (Sec.
704 Telecommunications Act of 1996) regarding telecommunications towers
and antennas with the Village interest in regulating land uses within
its borders;
[2]
Siting and construction of towers, antennas, and
appurtenances shall be done in a manner so as to protect other uses
from the potential adverse impacts of said antennas, towers, and appurtenances,
encourage co-location, minimize adverse visual impact through design,
landscaping, visual screening and camouflaging techniques, consider
the health and safety of antennas, towers, and appurtenances, and
avoid potential damage to property or individuals due to tower/antenna
mechanical failure;
[3]
Siting and construction of towers, antennas, and
appurtenances shall comply with all applicable Walworth County, state,
and federal building codes, as well as applicable standards for towers
and antennas published by the Electronic Industries Association;
[4]
Siting and construction of towers, antennas, and
appurtenances shall be in a manner so as to blend in, to the fullest
extent possible, with the character of adjacent and proximate lands
and not be readily visible, except as may be required by the Federal
Aeronautics Administration or Federal Communications Commission;
[5]
Towers shall be monopole design unless recommended
otherwise by the Village Engineer. Options for alternate designs shall
be reviewed by the Planning Commission. Towers utilizing guy wires
are not allowed;
[6]
Towers shall be designed structurally, electronically,
and in all respects to accommodate the applicant's antenna and comparable
antenna for up to two additional uses, to allow for future rearrangement
of antennas upon the tower and to accept antennas mounted at varying
heights;
[7]
Towers shall not be artificially lighted unless
required by the Federal Aeronautics Administration or other applicable
authority and, if lighting is required, it shall be designed in a
manner so as to cause the least amount of disturbance as possible
to any affected viewshed or property owners;
[8]
Towers shall comply with the obstruction and marking
requirements of the Federal Aeronautics Administration in cooperation
with the Federal Communications Commission and if dual lighting systems
are proposed for use, white strobe lighting only shall be used during
daylight hours and red strobe lighting only shall be utilized during
night hours;
[9]
No signs, other than warning or equipment information
signs, shall be located on a tower;
[10]
Towers shall be set back from lot lines, easements,
and streets (roads) a minimum of 105% of the tower's height, including
antennas and lights, except as modified by § 66.0404(2)(g),
Wis. Stats. If any portion of a lot is being leased for the tower,
the boundary of the leased area shall be considered the lot line.
Appurtenances shall comply with the requirements of the zoning district
in which they are located;
[12]
A tower shall be sited not less than 5,280 feet
from another, whether located in the Village or an adjacent local
government unit, unless for reasons beyond the applicant's control,
such as unusual or unique topography, with distances between towers
measured by a straight line between the base of the towers;
[13]
Towers and antennas shall be shielded, filtered,
and grounded in a manner consistent with Federal Communications Commission
and the Electronic Industries Association guidelines so as to minimize
the possibility of interference with locally received transmissions;
[14]
Appurtenances shall be placed underground if feasible
given site conditions and screened from view by suitable vegetation,
except where a design of nonvegetative screening better reflects and
complements the character of the surrounding area. The tower base
and appurtenances shall be fenced with materials impervious to sight
and secured so as to make the site inaccessible to the general public.
Fencing shall not exceed six feet in height and shall be painted or
coated in nonreflective material;
[15]
The applicant shall demonstrate that the equipment
planned for the proposed tower cannot be accommodated on an existing
tower. The Village may determine that it is necessary to consult with
a third party considering the feasibility of accommodating said equipment
on an existing tower, with all reasonable costs and expenses associated
with such consultation borne by the applicant. The applicant may provide
names to the Village of qualified third-party consultants. The consultant
shall undertake due diligence and provide a report with sufficient
data to substantiate all of the following:
[a]
No existing towers are located within the geographic
region required to meet the applicant's engineering requirements;
[b]
Existing towers are not of sufficient height to
meet the engineering requirements;
[c]
Existing towers do not have the structural capacity
to support the applicant's proposed equipment, and the existing tower
cannot be reinforced, modified, or replaced to accommodate said equipment
at a reasonable cost;
[d]
Locating new equipment on an existing tower would
cause interference affecting the usability of the other existing or
planned equipment at the tower, or the existing equipment would cause
interference with the applicant's proposed equipment and the interference
cannot be prevented at a reasonable cost; and
[e]
The fees, cost, or contractual provisions required
to share an existing tower are cost prohibitive;
[16]
Antennas mounted on buildings or structures not
built specifically for the purpose of mounting said antennas shall
meet all of the following:
[a]
No antenna, including all mounting structures,
lights, and any additional equipment, shall exceed 10 feet above the
roof surface upon which it is mounted;
[b]
No more than four nonreflective panel antennas
shall be installed, with the total area of antennas per provider not
to exceed 1,440 square inches, and no single antenna to exceed 480
square inches;
[c]
All antennas and support buildings/structures shall
be screened from view and architecturally compatible with the building
or structure on which it is mounted; and
[d]
All equipment enclosures shall be located underground,
if site conditions permit, or located within the building/structure
on which the antenna is mounted, and said equipment shall be architecturally
compatible with the building/structure;
[17]
The tower owner shall offer space for additional
antennas at current market rates, if co-location is undertaken; and
[18]
The application shall comply with all applicable
aspects of the Village's Building Code and Zoning Ordinances.
(5)
Recommendation and action. After review and public hearing,
the Plan Commission shall take action no later than 90 days from the
date which the applicant was notified that the application was complete
to approve, approve with conditions, or deny with substantial evidence
the conditional use permit application.
(6)
Issuance or denial notification.
(a)
The applicant shall be notified, in writing, of the final decision
within 10 days of the Plan Commission's action. If the Plan Commission's
decision is to disapprove the application, a written notification
with substantial evidence which supports such decision shall be sent
to the applicant.
(b)
If the conditional use permit application is approved, it shall
be subject to all of the following:
[1]
A performance bond in the amount of $20,000 to
guarantee that the tower/antenna and appurtenances will be removed
when no longer in operation. The Village will be named as obligee
in the bond and must approve the bonding company; and
[2]
Stipulation of submittal of a "Tower/Antenna Annual
Information Review Report" (hereafter, "report"), on a form provided
by the Village, on or before January 31 of each year. The purpose
of the report is to provide the Village with accurate current information
concerning the tower/antenna owner(s) and provider(s) offering or
providing wireless communication services within the Village and information
on the wireless communication tower facilities so operated or utilized
so as to assist the Village in administration and enforcement of this
section and ensure Village compliance with Village, Walworth County,
state and federal standards and requirements. The report shall include
all of the following: tower/antenna owner and operator name(s), address(es),
phone number(s), and relevant contact person(s); proof of bond and
proof of insurance; and number of co-location positions designated,
occupied, or vacant in the Village and evidence of compliance with
this section.
(c)
The Plan Commission may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described in Subsection F(2)(h).
(d)
A party who is aggrieved by the final decision of the Plan Commission
may bring an action in the Circuit Court of Walworth County.
G.
Abandonment. Any tower or antenna not in operation for a continuous
period of 12 months shall be deemed abandoned. The Village shall provide
said tower and antenna owner written notice requiring removal of the
tower, antenna, and associated buildings and structures (hereafter,
collectively "appurtenances") within 90 days of receipt by the owner
of said notice. If the owner wishes to resume tower or antenna use
after the tower or antenna has been deemed abandoned, the owner shall
apply for a new conditional use permit in accordance with the application
process identified in this section. If a new tower and antenna conditional
use permit is denied in accordance with said application process,
the tower or antenna owner shall remove the tower, antenna, and appurtenances
within 90 days of denial action, with the owner restoring the area
on which the tower, antenna, and appurtenances were located to the
manner existing prior to installation. If the tower, antenna, and
appurtenances are not removed within said ninety-day period, they
shall be removed by the Village at the owner's expense. If a single
tower is utilized by two or more entities, this provision shall not
become effective until all said entities cease operation.
H.
Inspection. All towers or antennas issued a conditional use permit
in accordance with this section may be inspected annually by the Zoning
Administrator to determine compliance with this section and any other
applicable laws or regulations. Deviation from original construction
parameters for which the conditional use permit was issued shall constitute
a violation.
A.
Purpose. The purpose of this section is to regulate the creation
of air pollution that adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the health, safety,
and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
air pollution created during the construction of the principal use
on the subject property, or by incidental traffic, parking, loading,
or maintenance operations.
C.
Standards. In addition to all applicable state and federal standards,
the following shall apply:
(1)
The emission of particulate matter containing a particle diameter
larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of a density equal to
or greater than Number 2 on the Ringelmann Chart (U.S. Bureau of Mines)
is prohibited at all times.
(3)
Dust and other types of air pollution borne by the wind from
sources such as storage areas, yards, and roads within the boundaries
of any lot shall be kept to a minimum by appropriate landscaping,
paving, oiling, or other acceptable means.
(4)
All other applicable state and federal standards.
A.
Purpose. The purpose of this section is to regulate the creation
of glare or heat in order to prevent the creation of nuisances and
to promote the health, safety, and welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
glare created during the construction of the principal use on the
subject property, or by incidental traffic, parking, loading, or maintenance
operations.
C.
Standards. No direct or sky-reflected glare shall be visible at the
lot line of the subject property, whether from floodlights or from
temperature processes, such as combustion, welding, or otherwise.
As determined by the Zoning Administrator, there shall be no discernible
transmission of heat or heated air at the lot line. Solar systems
regulated by § 66.0401, Wis. Stats., shall be entitled to
the protection of its provisions.
A.
Purpose. The purpose of this section is to regulate the creation
of fire and/or explosion hazards that adversely affect adjoining properties
in order to prevent the creation of nuisances and to promote the health,
safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards.
(1)
Any use involving materials that could decompose by detonation
shall be located not less than 400 feet from any residential or commercial
zoning district except that this standard shall not apply to the storage
or usage of liquefied petroleum or natural gas for normal residential
or business purposes. All activities and storage of flammable and
explosive materials at any point shall be provided with adequate safety
and firefighting devices in accordance with all fire prevention codes
of the State of Wisconsin.
(2)
The aboveground storage capacity of materials that produce flammable
or explosive vapors shall not exceed 30,000 gallons.
A.
Purpose. The purpose of this section is to regulate the creation
of odor that adversely affects adjoining properties in order to prevent
the creation of nuisances and to promote the health, safety, and general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
odors created during the construction of the principal use on the
subject property, or by incidental fertilizer application, traffic,
parking, loading, or maintenance operations. Public landfills and
public sanitary sewage treatment plants shall be exempted from the
requirements of this section as essential public services.
C.
Standards. Except for food preparation and cooking odors emanating
from residential land uses, and odors associated with property development
and maintenance (such as construction, lawn care, and the painting
and roofing of structures), no odor shall be created for periods exceeding
a total of 15 minutes per any day that are detectable (by a healthy
observer such as the Zoning Administrator or a designee who is unaffected
by background odors such as tobacco or food) at the boundary of the
subject property, where said lot abuts property within any zoning
district other than the General Industrial District.
A.
Purpose. The purpose of this section is to regulate the handling
of toxic, noxious, or waste material that adversely affects adjoining
properties in order to prevent the creation of nuisances and to promote
the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. No use shall discharge across the boundaries of the subject
property, or through percolation into the subsoil, toxic or noxious
material in such concentration as to be detrimental to or endanger
the public health, safety, comfort, or welfare, or cause injury or
damage to private property or business. No use shall discharge at
any point into any public or private sewage disposal system or stream,
or into the ground, any liquid or solid materials except in accordance
with the regulations of the Wisconsin Department of Health Services.
A.
Purpose. The purpose of this section is to provide information to
the Village regarding the nature of land uses that involve research,
production, storage, disposal, handling, and/or shipment of hazardous
materials.
B.
Applicability. The requirements of this section apply to all land
uses and activities involving any one or more of the following:
(1)
Microorganism cultures subject to § 94.65, Wis. Stats..
(2)
Pesticides subject to § 94.67(25), Wis. Stats.
(3)
Biological products subject to § 95.39, Wis. Stats.
(4)
Hazardous substances subject to § 100.37(1)(c), Wis.
Stats.
(5)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.
(6)
Infectious agents subject to § 101.58(2)(f), Wis.
Stats.
(7)
Any material for which the State of Wisconsin requires notification
of a local fire department.
(8)
Any other uses, activities, or materials that are subject to
county, state, or federal hazardous or related materials regulations.
C.
Standards. All land uses involving such hazardous materials shall
submit a written description of such materials and the operations
involving such materials conducted on their property as part of the
required site plan submittal.
A.
No activity shall locate, store, discharge, or permit the discharge
of any treated, untreated, or inadequately treated liquid, gaseous,
or solid materials of such nature, quantity, obnoxiousness, toxicity,
or temperature that might run off, seep, percolate, or wash into surface
or subsurface waters so as to contaminate, pollute, or harm such waters
or cause nuisances such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness
or be harmful to human, animal, plant, or aquatic life.
B.
In addition, no activity shall withdraw water or discharge any liquid
or solid materials so as to exceed, or contribute toward the exceeding
of, the minimum standards and those other standards and the application
of those standards set forth in Chapter NR 102 of the Wisconsin Administrative
Code.
A.
Purpose. The purpose of this section is to regulate the creation
of noise that adversely affects adjoining properties in order to prevent
the creation of nuisances and to promote the health, safety, and general
welfare of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities that create detectable noise, except that these standards
shall not apply to noise created during the construction of the principal
use on the subject property; by incidental traffic, parking, loading,
maintenance, or agricultural operations; or by sirens, whistles, and
bells that are maintained and utilized solely to serve a public purpose.
C.
Requirements. All noise shall be muffled so as not be objectionable
due to intermittence, frequency, or shrillness. In no event shall
the sound-pressure level of noise continuously radiated from a facility
exceed the values given in Figure 390-0819 as measured by a Type 2
sound meter that is in compliance with ANSI standard S1.4-1983. The
measurement shall be conducted at the lot line of the subject property
where said lot abuts property within any zoning district other than
the General Industrial District.
D.
Nonconforming noise. Noise that was in effect as of the effective
date of this chapter shall be considered legal nonconforming. The
burden of proof to demonstrate that said noises were in effect prior
to the effective date of this chapter is the responsibility of the
noise producer.
|
Figure 390-0819: Maximum Permitted Noise Level at Lot Line for
Continuous Noise
| |
|---|---|
|
Zoning District
|
Increase in Noise Level Over Ambient Level
|
|
AH, ER, SF-1, SF-2, SF-3, SF-6, SF-CPP, TF, MR-12, MR-18
|
Plus 3 dBA
|
|
P&I, P&R, SB, VC, LSB, CB, LI
|
Plus 5 dBA
|
|
GI
|
Plus 8 dBA
|
|
Adjustment Factors for Maximum Noise Levels
| |
|
Type of Operation in Character of Noise
|
Correction in Decibels
|
|
Daytime operation only
|
Plus 5 dBA
|
|
Noise source operates less than 20% of any 1-hour period
|
Plus 5 dBA*
|
|
Noise source operates less than 5% of any 1-hour period
|
Plus 10 dBA*
|
|
Noise source operates less than 1% of any 1-hour period
|
Plus 15 dBA*
|
|
Noise of impulsive character (hammering, etc.)
|
Minus 5 dBA
|
|
Noise of periodic character (hum, speech, etc.)
|
Minus 5 dBA
|
|
NOTES:
| |
|---|---|
|
*
|
Apply only one of these corrections.
|
A.
Purpose. The purpose of this section is to regulate the creation
of vibration that adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the health, safety,
and general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities that create detectable vibrations, except that these
standards shall not apply to vibrations created during the construction
of the principal use on the subject property.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development on the subject property.
D.
Depiction on required site plan. Any activity or equipment that creates
detectable vibrations outside the confines of a building shall be
depicted as to its location on the site plan required for the development
of the subject property.
E.
Requirements. No activity or operation shall cause or create earth-borne
vibrations in excess of the displacement values given in Figure 390-0820
below.
F.
Method of measurement. Measurements shall be made at or beyond the
adjacent lot line or the nearest residential district boundary line.
Vibration displacements shall be measured with an instrument capable
of simultaneously measuring in three mutually perpendicular directions.
The maximum permitted displacements shall be determined in each zoning
district by the following formula: D = K/f, where D = displacement
in inches; K = a constant to be determined by reference to Figure
390-0820 below; f = the frequency of vibration transmitted through
the ground (cycles per second).
|
Figure 390-0820: Vibration Measurement Constant
| ||
|---|---|---|
|
K
All Other Zoning Districts
|
K
GI District
| |
|
On or beyond any adjacent lot line
| ||
|
Continuous
|
0.003
|
0.015
|
|
Impulsive
|
0.006
|
0.030
|
|
Less than 8 pulses per 24-hour period
|
0.015
|
0.075
|
|
On or beyond any residential district boundary line
| ||
|
Continuous
|
0.003
|
0.003
|
|
Impulsive
|
0.006
|
0.006
|
|
Less than 8 pulses per 24-hour period
|
0.015
|
0.015
|
A.
Purpose. The purpose of this section is to establish standards that
ensure group developments and large developments are properly located
and are compatible with the surrounding area and the overall community
character of the Village of Williams Bay.
B.
Applicability. The following standards apply to all group development
and large development projects, as defined below.
C.
GROUP DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
LARGE DEVELOPMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any development located on one lot and comprised of any single
instance or any combination of the following development types:
One or more principal multifamily residential buildings with
a total of five or more residential units on the same lot.
Two or more principal structures on the same lot, whether currently
serving a single use or more than one use.
A mixed-use structure containing both nonresidential uses and
residential uses.
A single principal structure housing two or more leased or owned
tenant spaces.
Any addition of principal buildings that increases the total
number of principal structures on the same lot to two or more.
Any institutional, business, or mixed residential and nonresidential
development containing any single structure or combination of structures
on one or more contiguous lots or building sites devoted to land uses
on which the total combined gross floor area of all development exceeds
10,000 square feet. The calculation of gross floor area shall include
indoor and outdoor storage and display areas.
D.
Common examples.
(1)
Common examples of group developments include apartment or condominium
complexes, commercial centers, shopping centers, office centers, and
multi-tenant industrial buildings. Single-tenant business or office
buildings, one-tenant industrial buildings, four-unit apartment buildings,
and all planned developments are not considered group developments
even though such developments may contain lots under common ownership.
(2)
Common examples of large developments include single-tenant
institutional, business, or mixed-use buildings in excess of 10,000
gross square feet, such as retail stores, restaurants, day-cares,
schools, or churches.
(3)
Common examples of developments that are both group developments
and large developments include multi-tenant, nonresidential buildings
that are in excess of 10,000 gross square feet, and any multi-building
developments in which the combined total of all structures on a site,
regardless of diverse ownership, use, or tenancy, combine to exceed
10,000 gross square feet.
E.
Review and approval.
(1)
All group developments and large developments require a conditional use permit (see § 390-1207 for review and approval procedure) regardless of whether individual uses within the development are permitted by right within the applicable district, except where such developments are approved as planned developments per § 390-0709.
(2)
Any land use that is either a permitted by right land use or
a use allowed by conditional use permit within the applicable zoning
district may be included within a group development and/or large development.
(3)
Land uses permitted by right in the applicable zoning district
shall be permitted by right uses within an approved group and/or large
development, subject to the provisions of this section, unless otherwise
restricted by the conditions of approval imposed during the conditional
use approval for the group development and/or large development as
a whole.
(4)
Land uses allowed by conditional use permit within the applicable
zoning district shall be allowed within the group development and/or
large development only with conditional use approval for that specific
use.
(5)
The detailed land use regulations in Article 3 of this chapter
that pertain to each proposed land use shall also apply within a group
development and/or large development, as will all other applicable
provisions of this chapter.
(6)
Following initial issuance of a conditional use permit for the
group development and/or large development as a whole, the subsequent
addition of structures, additions to structures, and expansions of
parking or storage areas in the group development and/or large development
shall require an amendment to the approved conditional use permit
regardless of individual land use(s).
(7)
Subsequent changes to individual land uses within a group development
and/or large development listed as permitted by right uses within
the applicable zoning district are allowed without amendment to the
group development and/or large development conditional use permit,
unless said conditional use permit placed restrictions on change of
use.
(8)
Subsequent changes to individual land uses that are allowed
only with a conditional use permit may be allowed only under a subsequent
conditional use permit for the specific use, regardless of whether
said use entails modifications to the building and/or site layout
in the group development and/or large development.
F.
Standards applicable to all group developments and to all large developments.
In all cases, the following standards shall be applied to the group
development and/or large development as a whole, as well as to individual
uses within the group and/or large development:
(1)
All development shall comply with the applicable requirements
of this chapter, including, but not limited to, density, intensity,
bulk, setback, and building separation requirements; building and
site design standards; landscaping and green space preservation requirements;
access, parking, loading, and unloading requirements; and signage
requirements.
(2)
Subject to conditional use and design review processes. All group developments and/or large developments shall be subject to the Village of Williams Bay site plan review and approval process. In addition to the application requirements listed in Subsection E(1), the applicant shall demonstrate how the proposed development relates to each of the following criteria:
(3)
General layout and future divisibility. All development located
within a group development and/or large development shall be located
so as to comply with the intent of the Zoning Ordinance regarding
setbacks of structures and buildings from lot lines. As such, individual
principal and accessory structures and buildings located within group
developments and/or large developments shall be situated within building
envelopes that are in complete compliance with said intent. Said building
envelopes shall be depicted on the site plan required for review of
group developments and/or large developments. The use of this approach
to designing group developments and/or large developments will facilitate
the subdividing of group developments and/or large developments in
the future (if such action is so desired).
(4)
Building materials. Exterior building materials shall be of
comparable aesthetic quality on all sides. Building materials such
as glass, brick, tinted and decorative concrete block, stone, wood,
stucco, and exterior insulation and finish systems (EIFS) may be used,
as may vinyl on a portion of residential structures, as determined
appropriate by the Plan Commission. Decorative architectural metal
or decorative tilt-up concrete panels may be approved if incorporated
into the overall design of the building.
(5)
Overall building design. Building design shall be subject to
Plan Commission approval, and shall forward the aesthetic objectives
of the Village for the community, the neighborhood, and the subject
property.
(6)
Building entrances. Public building entryways shall be clearly
defined and highly visible on the building's exterior design, and
shall be emphasized by on-site traffic flow patterns.
(7)
Building color. Building facade colors shall be compatible with the surrounding areas and shall be nonreflective, subtle, neutral, or earth tone, as judged by the Plan Commission. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be allowed only on signage, subject to the limitations in § 390-0802 of this chapter.
(8)
Screening.
(a)
All ground-mounted and wall-mounted mechanical equipment, refuse
containers, and any permitted outdoor storage shall be fully concealed
from on-site and off-site ground level views, with materials identical
to those used on the building exterior.
(b)
All rooftop mechanical equipment shall be screened by parapets,
upper stories, or other areas of exterior walls. The lowest point
on the top of such screening elements shall be at least as high as
the highest point on any mechanical equipment. Fences or similar rooftop
screening devices may not be used to meet this requirement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
Loading docks shall be completely screened from surrounding
roads and properties. Said screening may be accomplished through loading
areas internal to buildings, screen walls that match the building
exterior in materials and design, fully opaque landscaping at time
of planting, or combinations of the above.
(d)
Gates and fencing may be used for security and access, but not
for screening, and they shall be of high aesthetic quality. Decorative
metal picket fencing and screening is acceptable. Chain-link, wire
mesh, or wood fencing is unacceptable. Decorative, heavy-duty wood
gates may be used.
(9)
Roadway connections.
(a)
All nonresidential projects shall have direct access to an arterial
street, or to a collector level street deemed appropriate by the Plan
Commission.
(b)
Vehicle access shall be designed to accommodate peak on-site
traffic volumes without disrupting traffic on public streets or impairing
pedestrian safety. This shall be accomplished through adequate parking
lot design and capacity; access drive entry throat length, width,
design, location, and number; and traffic control devices; and sidewalks.
(c)
The site design shall provide direct connections to adjacent
land uses if required by the Village.
(10)
Parking.
(a)
Parking lot designs in which the number of spaces exceeds the
minimum number of parking spaces required in Article 2 of this chapter
by 50% shall be allowed only with specific and reasonable justification.
(b)
Parking lot design shall employ interior, curbed landscaped
islands at all parking aisle ends. In addition, the project shall
provide landscaped islands within each parking aisle spaced at intervals
no greater than one island per every 12 spaces in that aisle. Islands
at the ends of aisles shall count toward meeting this requirement.
Each required landscaped island shall be a minimum of 360 square feet
in landscaped area.
(c)
Landscaped and curbed medians, a minimum of 10 feet in width
from back of curb to back of curb, shall be used to create distinct
parking areas of no more than 120 parking stalls.
(d)
Parking located in the front and/or street side yard shall be
limited to no more than one doubled-loaded row of parking and an area
for passenger dropoff and pickup unless the applicant can demonstrate
to the Plan Commission's satisfaction that such parking arrangement
is not practical given site limitations.
(11)
Bicycle and pedestrian facilities.
(a)
The entire development shall provide for safe pedestrian and
bicycle access to all uses within the development, connections to
existing and planned public pedestrian and bicycle facilities, and
connections to adjacent properties.
(b)
Pedestrian walkways shall be provided from all building entrances
to existing or planned public sidewalks or pedestrian/bike facilities.
The minimum width for sidewalks adjacent to buildings shall be 10
feet; and the minimum width for sidewalks elsewhere in the development
shall be five feet.
(c)
Sidewalks other than street sidewalks or building aprons shall
have adjoining landscaping along at least 50% of their length. Such
landscape shall be consistent with the landscaping used for the street
frontages.
(d)
Crosswalks shall be distinguished from driving surfaces to enhance
pedestrian safety by using different pavement materials, pavement
color, pavement textures, and signage.
(e)
The development shall provide secure, integrated bicycle parking
at a rate of one bicycle rack space for every 50 vehicle parking spaces.
(f)
The development shall provide exterior pedestrian furniture
in appropriate locations at a minimum rate of one seat for every 10,000
square feet of gross floor area. Seating in food service areas or
other areas where food or merchandise purchasing activities occur
shall not count toward this requirement. A minimum of four seats shall
be located within the store, with a clear view through exit doors
to a passenger pickup or dropoff area.
(12)
Central areas and features. Each development exceeding 20,000
square feet in total gross floor area shall provide central area(s)
or feature(s) such as a patio/seating area, pedestrian plaza with
benches, outdoor playground area, water feature, and/or other such
deliberately designated areas or focal points that adequately enhance
the development or community. All such areas shall be openly accessible
to the public, connected to the public and private sidewalk system,
designed with materials compatible with the building and remainder
of the site, and shall be maintained over the life of the building
project.
(13)
Cart returns. For indoor sales and service land uses, a minimum
of one 200-square-foot cart return area shall be provided for every
100 parking spaces. Cart corrals shall be of durable, nonrusting,
all-season construction, and shall be designed and colored to be compatible
with the building and parking lot light standards. There shall be
no exterior cart return or cart storage areas located within 25 feet
of the building. Any long-term cart storage shall be located indoors.
(14)
Outdoor display areas. Exterior display areas shall be permitted
only where clearly depicted on the approved site plan. All exterior
display areas shall be separated from motor vehicle routes by a physical
barrier visible to drivers and pedestrians, and by a minimum of 10
feet. Display areas on building aprons must maintain a minimum walkway
width of 10 feet between the display items and any vehicle drives.
(15)
Outdoor storage uses and areas. Exterior storage structures
or uses, including the parking or storage of vehicles, trailers, equipment,
containers, crates, pallets, merchandise, materials, fork lifts, trash,
recyclables, and all other items, shall be permitted only where clearly
depicted and labeled on the approved site plan.
(16)
Landscaping. On-site landscaping shall be provided at time of
building occupancy and maintained per the Village's landscaping requirements
(see Article 9). In addition to the requirements of Article 9, a minimum
ten-foot wide landscaped area shall be located along the building
foundation for all facades facing a public street, except where breaks
in such landscaping are required to provide customer, employee, or
emergency access to the building.
(18)
Signage. The plan for exterior signage shall provide for modest,
coordinated, and complementary exterior sign locations, configurations,
and color throughout the development, including outlots. All freestanding
signage within the development shall complement on-building signage.
Monument-style ground signs are required, and shall not exceed a height
of eight feet. Consolidated signs for multiple users may be required
instead of multiple individual signs. The Village may require the
use of muted corporate colors on signage if proposed colors are not
compatible with the Village's design objectives for the area. The
use of logos, slogans, symbols, patterns, striping and other markings,
and colors associated with a franchise or chain is permitted, but
shall be considered as contributing to the number and area of permitted
signs.
(19)
Noise. Noise associated with activities at the site shall not
create a nuisance to nearby properties.
(20)
Natural resources protection. Existing natural features shall
be integrated into the site design as a site and community amenity.
Maintenance of any stormwater detention or conveyance features is
solely borne by the developer/owner unless dedicated to and accepted
by the Village.
G.
Additional rules applicable to all large developments.
(1)
A large development questionnaire shall be completed and provided
along with the conditional use permit application in the format included
in Figure 390-0821B at the end of this section.
(2)
Compatibility report. The applicant shall provide, through a
written compatibility report submitted with the petition for a conditional
use permit, adequate evidence that the proposed building and overall
development project shall be compatible with the Village's Comprehensive
Plan and any detailed neighborhood or special area plan for the area.
The compatibility report shall specifically address the following
items:
(a)
A description of how the proposed development is compatible
with adopted Village Plans, including the Comprehensive Plan, any
detailed neighborhood or special area plans, and other plans officially
adopted by the Village.
(b)
Traffic Impact Analysis. The Village may require that a traffic
impact analysis be completed in accordance with the most current revision
of the Traffic Impact Analysis Guidelines published by the Wisconsin
Department of Transportation. Such Traffic Impact Analysis shall require
the following components:
[1]
A demonstration that vehicle access shall be designed
to accommodate peak on-site traffic volumes without disrupting traffic
on public streets or impairing pedestrian safety. This shall be accomplished
through adequate parking lot design and capacity; access drive entry
throat length; design, location, and number of traffic control devices;
and sidewalks.
[2]
Where the traffic impact analysis indicates that
a project may cause off-site public roads, intersections, or interchanges
to function below a level of service (LOS) C, the Village may deny
the application, require a size reduction in the proposed development,
and/or require the developer to construct and/or pay for required
off-site improvements to achieve a LOS C for a planning horizon of
a minimum of 10 years assuming full build-out of the development.
[3]
The Village has the option to require a trip generation
study.
(3)
Economic and fiscal analysis. The Village may require completion
of an economic and fiscal impact analysis containing the following
items:
(a)
Estimate to what extent the proposed project would reduce the
proposed market area's economic base by eliminating existing businesses.
(b)
Compare and evaluate the projected costs and benefits to the
community resulting from the project, including:
[1]
Projected costs arising from increased demand for
and required improvements to public services and infrastructure.
[2]
Value of improvements to public services and infrastructure
to be provided by the project.
[3]
Projected tax revenues to the Village to be generated
by the project in the first five years of business.
[4]
Projected impact of the project in the first five
years on land values (both residential and nonresidential) and potential
loss or increase in tax revenues to the Village of Williams Bay.
(4)
Building placement and site layout. Where buildings are proposed
to be distant from a public street, as determined by the Plan Commission,
the overall development design shall include smaller buildings on
pads or outlots closer to the street. Placement and orientation must
facilitate appropriate land use transitions and appropriate traffic
flow to adjoining roads and neighboring commercial areas and neighborhoods,
and must forward community character objectives as described in the
Village's Comprehensive Plan.
(5)
For a development exceeding 80,000 square feet in total gross
floor area of all combined buildings within the development, the Village
may require that a detailed neighborhood plan be submitted and approved
by the Plan Commission and Village Board. The detailed neighborhood
plan shall be prepared for all areas within 1,500 feet of the subject
property, as measured from the outer perimeter of the subject property
or group of properties proposed for development, and any other nearby
lands as determined by the Plan Commission to be part of the defined
neighborhood. The detailed neighborhood plan shall contain the following
specific elements at a scale of not less than one inch equals 400
feet:
(a)
Land use with specific zoning districts and/or land uses.
(b)
Transitional treatments such as berms and/or landscaping between
areas with differing land uses or character.
(c)
Complete transportation network, including pedestrian and bicycle
facilities and transit routes and stops, where applicable.
(d)
Conceptual stormwater management facilities.
(e)
Proposed public facility sites, including parks, schools, conservation
areas, public safety facilities and public utility facilities.
(f)
Proposed community character themes, including building materials,
landscaping, streetscaping, and signage.
(g)
Demonstrate that the proposed detailed neighborhood plan is
in harmony with the land use, multi-modal transportation, utility,
stormwater management, and community character provisions of the Village's
Comprehensive Plan.
(6)
Overall building design. The building exterior shall complement
other buildings in the vicinity, and shall be of a design determined
appropriate by the Plan Commission:
(a)
The building shall employ varying setbacks, heights, roof treatments,
doorways, window openings, and other structural or decorative elements
to reduce apparent size and scale of the building.
(b)
A minimum of 20% of the structure's facades that are visible
from a public street shall employ actual protrusions or recesses with
a depth of at least six feet. No uninterrupted facade shall extend
more than 100 feet.
(c)
A minimum of 20% of all of the combined linear roof eave or
parapet lines of the structure shall employ differences in height,
with such differences being six feet or more as measured eave to eave
or parapet to parapet.
(d)
Roofs with particular slopes may be required by the Village
to complement existing buildings or otherwise establish a particular
aesthetic objective.
(e)
Ground-floor facades that face public streets shall have arcades
(a series of outdoor spaces located under a roof or overhang and supported
by columns or arches), display windows, entry areas, awnings, or other
such features along no less than 60% of their horizontal length. The
integration of windows into building design is required, and shall
be transparent, clear glass (not tinted) between three to eight feet
above the walkway along any facades facing a public street. The use
of blinds shall be acceptable where there is a desire for opacity.
(f)
Building facades shall include a repeating pattern that includes
no fewer than three of the following elements: color change; texture
change; material modular change; and expression of architectural or
structural bay through a change in plane no less than 24 inches in
width, such as an offset, reveal, or projecting rib. At least one
of these elements shall repeat horizontally. All elements shall repeat
at intervals of no more than 30 feet, either horizontally or vertically.
(g)
Landscaped berm. For development exceeding 20,000 square feet
in total gross floor area, and where the subject property abuts an
area zoned or planned for residential or institutional use, a minimum
six-foot-high berm shall be provided. The berm shall be planted with
a double row of white, green, or blue spruce plantings, or similar
species and varieties approved by the Village, spaced 15 feet on center.
(7)
Building and parking placement A maximum of 75% of all parking
spaces located anywhere on the site shall be located between the primary
street frontage right-of-way line and line of equal setback to the
most distant front wall of the building. The remainder of parking
on the site shall be set back a greater distance from this setback
line to the sides and rear of the building.
(8)
In general, existing natural features shall be integrated into
the site design as a site and community amenity. Each development
shall intentionally incorporate into site and building design elements
that contribute to the long-term environmental sustainability of the
development and the Village. Each development shall provide at least
1/2 of the following sustainability features:
(a)
Reuse an existing, previously developed building and/or site.
(b)
Utilize one or more rain gardens or bioswales, as described
in the Village of Williams Bay Landscaping Guidelines, to capture
and manage stormwater.
(c)
Incorporate stormwater management facilities that are designed
to appear as natural features that can serve as attractive focal points
for the development.
(d)
Install native/naturalized landscaping that minimizes requirements
for irrigation/watering and provides natural habitat.
(e)
Deliberately design/retrofit the primary building with energy
efficient systems, such as lighting, refrigeration, and HVAC systems.
(f)
Utilize paving and/or roof materials with a solar reflectance
index of at least 29 for a minimum of 50% of the combined pavement
and roof area on the site.
(g)
Recycle a minimum of 75% of the waste generated during building/site
construction.
(h)
Utilize a minimum of 25% recycled materials for building construction.
(i)
Utilize a minimum of 50% regional materials for building construction
(extracted, harvested, or recovered, and manufacturing from within
500 miles of the development site).
(j)
Purchase a minimum of 50% of the development's energy from renewable
sources, such as wind or solar.
(k)
Integrate solar, geothermal, wind, or other on-site energy generation
into the site and/or building design.
(l)
Install a green roof or rooftop garden.
(m)
Install systems that allow for the capture and later use of
rainwater to water landscaping and for other permitted functions.
(n)
Two additional sustainability features not listed above but
approved by the Plan Commission to meet the Village's sustainability
objectives, not including any feature already required by another
section of this chapter.
(9)
Vacation of existing buildings in large developments.
(a)
Where any large development that has 50,000 or more square feet
of floor area is vacated because the commercial use (sale of goods
or merchandise at the building) conducted thereon is being relocated
to a different building, the party shall be subject to the following
provisions:
[1]
The party that vacated the site shall not impose
limits on the type of reuse of the vacated site through conditions
of sale or lease.
[2]
The development agreement for the new development
at the new site shall include provisions therein whereby the developer
of the new site commits to the requirements contained herein.
(b)
In addition to the above, any building within a large development
that has 20,000 or more square feet of floor area and is vacated for
any reason shall be subject to the following provisions:
[1]
The owner must file with the Village a written
statement as to the names, phone numbers, and addresses for all persons
who are in control of the property and building.
[2]
The owner shall be required to meet the requirements
defined in Figure 390-0821A based on the amount of time the building
remains vacant:
|
Figure 390-0821A: Steps for Addressing Building Vacancy
| |
|---|---|
|
Period of Time Building is Vacant
|
Requirement
|
|
Within 1 year of vacancy
|
Install a fire department Knox-Box® for annual fire inspection.
|
|
Within 3 years of vacancy
|
Village may require owner to paint building a neutral color,
if not already done.
|
|
Within 5 years of vacancy
|
Village may require the removal of all hard surfaces, with the
exception of the main driveway and fire lane around the building,
restore the former hard-surfaced areas with black dirt and grass,
or any combination of the above.
|
[3]
Within the first quarter of each year of vacancy,
the owner shall provide the Zoning Administrator with a statement
as to the condition of the building and prospects for removal or reoccupancy
of the building(s).
[4]
At any time following vacancy, the Village may
utilize other enforcement options available to it to ensure property
maintenance and upkeep of the building and site.
[5]
Temporary occupancy of the building(s) and/or the
exterior grounds for a period of 365 consecutive days or less shall
not be considered to remove the vacancy status of the building under
this section.
(10)
Additional requirements. All large developments are subject
to the following additional requirements:
(a)
The developer shall enter into a development agreement with
the Village, which shall include the payment of all utilities including
but not limited to stormwater, sanitary sewer, and street infrastructure.
Off-site improvements may also be required as part of the development
agreement.
(b)
All buildings on outlots shall be of architectural quality comparable
to the primary structure, as determined by the Plan Commission.
|
Figure 390-0821B: Large Development Questionnaire
| ||
|---|---|---|
|
Applicant and Project Information
| ||
|
Applicant Name
| ||
|
Applicant Address
| ||
|
Applicant Phone Number
| ||
|
Property Owner
| ||
|
Developer
| ||
|
Contractor
| ||
|
Engineer
| ||
|
Architect
| ||
|
Planner
| ||
|
Landscape Architect
| ||
|
Lighting Representative
| ||
|
Existing Site Conditions
| ||
|
Total site area (inclusive of all areas within the parcel)
| ||
|
Environmental corridor components
| ||
|
Surface water
| ||
|
Wetlands
| ||
|
100-year floodplain
| ||
|
Steep slopes (equal to or greater than 12%)
| ||
|
Upland woodlands (per environmental corridor criteria)
| ||
|
Describe how the proposed development is compatible with
the following plans and polices:
| ||
|
Williams Bay Comprehensive Plan
| ||
|
Future Land Use
| ||
|
Transportation
| ||
|
Utilities and Community Facilities
| ||
|
Community Character
| ||
|
Agricultural Resources
| ||
|
Natural Resources
| ||
|
Economic Development
| ||
|
Other provisions of the Comprehensive Plan
| ||
|
Williams Bay Park and Open Space Plan
| ||
|
Williams Bay Intergovernmental Agreements
| ||
|
State and County land use, transportation, and park plans
| ||
[Added 1-15-2024 by Ord. No. 2023-14]
In addition to any other applicable use, site, or sanitary regulation,
the following restrictions and regulations shall apply to all shore
yard, defined as all land lying within 150 feet of the ordinary high-water
mark of any lake and all lands lying within 75 feet of the ordinary
high-water mark of navigable rivers or streams, or the landward side
of the floodplain, whichever is greater. Rivers and streams shall
be presumed to be navigable if they are designated as either continuous
or intermittent waterways on the United States Geological Survey quadrangle
maps or other zoning base maps. If evidence to the contrary is presented,
the Village Zoning Administrator shall make the initial determination
whether or not the river or stream in question is navigable under
laws of this state. The Village Zoning Administrator shall contact
the appropriate district DNR office for a determination of navigability
or ordinary high-water mark. Flood Hazard Boundary Maps, or Flood
Insurance Study Maps (or soil maps or other existing county maps used
to delineate floodplain areas which have been adopted by Walworth
County) shall be used to determine the extent of the floodplain of
rivers or streams.
A.
Tree cutting, shrubbery clearing, and earth movements shall require
a zoning permit and a conservation plan. In addition, tree cutting
and shrubbery removal shall require a tree removal permit issued by
the Tree Commissioner. The Zoning Administrator may, where appropriate,
require an applicant to furnish a surety to enable the Village carry
out an approved land conservation plan. The amount of such surety
shall be determined by the Zoning Administrator and the form and type
of all sureties shall be approved by the Village Board. The Zoning
Administrator may, as appropriate, request a review of the proposed
cutting, clearing, or earth movement activity by the Wisconsin Department
of Natural Resources, and the USDA Natural Resources Conservation
Service, or other appropriate agency, and await their comments and
recommendations before issuing a zoning permit but not to exceed 30
days. All cutting, clearing, and earth movement activities shall be
so conducted as to prevent erosion and sedimentation and preserve
the natural beauty of the shore yard. Paths and trails shall not exceed
10 feet in width and shall be so designed and constructed as to result
in the least removal and disruption of natural ground cover and the
minimum impairment of natural beauty. In the strip of land 35 feet
wide inland from the ordinary high-water mark, no more than 30 feet
in any 100 or the same proportion of a smaller lot shall be clear-cut.
B.
Required setbacks. Except as otherwise specified in this chapter,
all structures, shall require a setback of at least 150 feet from
the ordinary high-water mark, although a greater setback may be required
where otherwise regulated by more restrictive ordinances.
(1)
Structures which require authorization or permits from the DNR
pursuant to Chapters 30 and 31, Wis. Stats., or which are to be located
below the ordinary high-water mark, namely bridges, dams, culverts,
piers, wharves, shoreland riprap, navigational aids, and waterway
crossings of transmission lines, shall comply with all applicable
federal, state, county and local regulations.
C.
Permitted intrusions into required shore yards. Intrusions into shore yards are permitted only in compliance with the requirements of § 390-0505C.
D.
Stairway, walkway, lift, piers, and wharves. Stairway, lift and walkway
and that portion of piers and wharves landward of the ordinary high-water
mark are exempted from the shore yard setback requirements, provided
that the structure is necessary to access the shoreline because of
steep slopes or wet, unstable soils. Further, the structure shall
be located so as to minimize earth-disturbing activities and shoreland
vegetation removal during construction. The structure shall be no
more than 48 inches wide; open railings are permitted only where required
by safety concerns; canopies, roofs, and closed railings/walls on
such structures are prohibited; landings for stairways or docks are
permitted only where required by safety concerns and shall not exceed
25 feet in area.
E.
Retaining walls. Retaining walls and terracing may only be allowed
as a conditional use in the shore yard setback area where the applicant
can successfully prove that there is a current erosion problem that
cannot be remedied by resloping and revegetation of the area or other
means consistent with natural shoreline aesthetics. Walls and terracing
may only be allowed to the extent that they resolve a continuing erosion
problem and shall not be used to provide level outdoor living space
in the near-shore area.
F.
Earth movements involving stream course changing, waterway construction or enlargement, channel clearing, or removal of stream or lake bed materials are conditional uses requiring review, public hearing, and approval by the Village Board in accordance with § 390-1207. However, such earth movements having a DNR permit under Chapter 30 of the Wisconsin Statutes are exempt from this provision.
G.
No waste materials such as garbage, rubbish, gasoline, fuel oil,
flammables, soils, tars, chemicals, greases, industrial or agricultural
waste, or any other material of such nature, quantity, obnoxiousness,
toxicity or temperature so as to contaminate, pollute or harm the
waters shall be so located, stored, or discharged in a way that would
be likely to run off, seep, or wash into surface or ground waters.
A.
Determinations necessary for administration and enforcement of performance
standards set forth in this article range from those that can be made
with satisfactory accuracy by a reasonable person using normal senses
and no mechanical equipment to those requiring great technical competence
and complex equipment for precise measurement. It is the intent of
this chapter that:
(1)
Where determinations can be made by the Zoning Administrator using
equipment normally available to the Village or obtainable without
extraordinary expense, such determinations shall be so made before
notice of violations is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable
for the Village to maintain the personnel or equipment necessary for
making difficult or unusual determinations, procedures shall be available
for causing corrections of apparent violations of performance standards,
for protecting individuals from arbitrary, capricious, and unreasonable
administration and enforcement of performance standard regulations,
and for protecting the general public from unnecessary costs for administration
and enforcement.
B.
The Zoning Administrator shall give written notice, by certified
mail or other means, ensuring a signed receipt for such notice to
the person or persons responsible for the alleged violations. The
notice shall describe the particulars of the alleged violation and
the reasons why the Zoning Administrator believes there is a violation
in fact, and shall require an answer or correction of the alleged
violation to the satisfaction of the Zoning Administrator.
C.
The notice shall state, and it is hereby declared, that failure to
reply or to correct the alleged violation to the satisfaction of the
Zoning Administrator within the time limit set constitutes admission
of violation of the terms of this chapter. The notice shall further
state that upon request of those to whom it is directed, technical
determination as described in this chapter will be made, and that
if violations as alleged are found, costs of such determinations shall
be charged against those responsible for the violation, in addition
to such other penalties as may be appropriate, but that if it is determined
that no violation exists, the cost of the determination will be paid
by the Village.
